It’s a victim’s bill of rights — without the rights

The murders of Cpl. Nathan Cirillo and Warrant Officer Patrice Vincent still weigh heavily on our hearts. They will for some time, I suspect. In that, they’re quite unlike most homicide victims — who tend to be forgotten by all but the people who loved them best.

That’s a human trait, and it’s a characteristic of the justice system as well. Those mourning a murder victim are often surprised and appalled by how quickly victims are forgotten during the prosecution of the homicide. What we tend to overlook is the fact that the justice system is designed to forget.

There are only two parties involved in the prosecution of a crime: the accused and the state. Victims, and the people they leave behind, are not equal players in the process. Justice Minister Peter MacKay has promised to change that with Bill C-32, the Victims’ Bill of Rights, but members of the House standing committee reviewing the bill are starting to wonder whether there’s anything to it apart from hot air.

In the next few weeks, the committee will hear from victims, advocates, lawyers and academics about what Bill C-32 does and does not do. I was among the first witnesses to testify; I argued that C-32 will make little difference to victims — because most victims do not report to the police and because there are no enforceable rights in the bill.

That’s not to suggest MPs should vote against the bill, because it has some positive provisions. For example, amendments to the Corrections and Conditional Release Act will give victims information about deportation, allow them to see a photo of an offender before he or she is released and listen to an audiotape of a parole hearing.

It’s not the bill that is the problem. It’s the rhetoric. We’re being told this will change things radically. It won’t. The Harper government promised it would put victims at the heart of the justice system which raised a lot of concerns in the legal community. But a funny thing happened – the government listened to those who told them not to go too far. They heard the warnings of those in the Justice Department, the provinces and (gasp) possibly even the defence bar.

The government heeded the concerns of critics who warned that fundamental reforms would change the justice system in ways that don’t serve the interests of the public — or the victim. The irony is that the government can’t admit it did the sensible thing.

They chose not to put victims at the heart of the justice system. They did not give victims a veto over plea bargains. Under Bill C-32, judges are not required to ask Crown prosecutors if they told the victim about the plea until after the court has accepted it. They did not give victims the ability to influence sentencing. Bill C-32 says victims cannot share their opinion on sentencing unless a court says they can.

They did not make victims party to the process, denied them standing, will not let them sue if their “rights” are violated and will not allow them to appeal any decision.

In other words, the government heeded the concerns of critics who warned that fundamental reforms would change the justice system in ways that don’t serve the interests of the public — or the victim. The irony is that the government can’t admit it did the sensible thing. This is a party that takes pride in listening to no one but victims on the justice agenda. They have courted victims groups for the last decade and have said repeatedly they would put an end to a justice system that coddles criminals. If the Harper Conservatives admit that Bill C-32 really doesn’t change the system, how could they distinguish themselves from the NDP or the Liberals on victims’ rights?

So they don’t admit it. They fudge the truth. They say the bill has enforceable rights — when it does not. They say it will change the system — when it won’t.

I urged the committee to ask the provinces — who will be responsible for implementing 90 per cent of the bill — what sort of real-world impact they expect. If I’m wrong — if the provinces are expecting the bill to impose deep changes in how they run their justice systems — then you’d expect to see the premiers lining up to ask the federal government for more resources. Apparently, the provinces have been invited to send representatives to discuss the bill in Ottawa; none of them seem too interested so far. Draw your own conclusions.

The committee could make Bill C-32 better without fundamentally changing the justice system. For example, it could make the bill applicable to victims in the military justice system. The excuse offered by the government — that it’s just too darn complicated — is indefensible given what we know about the experience of sexual assault victims in the military.

Bill C-32 will pass and Stephen Harper will be able to say he passed Canada’s first ‘Victims’ Bill of Rights’. He can take the credit, but the rest of us should understand that nothing will change.

Steve Sullivan has been advocating for victims for almost 20 years, having served as the former president of the Canadian Resource Centre for Victims of Crime and as the first federal ombudsman for victims of crime. He has testified before numerous parliamentary committees on victims’ rights, justice reform and public safety issues and has conducted training for provincial and federal victim services. He is currently the executive director of Ottawa Victim Services and a part-time professor at Algonquin College in the Victimology Graduate Certificate Program. His views are his own and do not represent any agency with which he is associated.

The views, opinions and positions expressed by all iPolitics columnists and contributors are the author’s alone. They do not inherently or expressly reflect the views, opinions and/or positions of iPolitics.

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Steve Sullivan is the Executive Director of Ottawa Victim Services and a Part-Time Professor at Algonquin College in the Victimology Graduate Certificate Program. He has been advocating for victims for almost 20 years, having served as the former President of the Canadian Resource Centre for Victims of Crime and as the first Federal Ombudsman for Victims of Crime. He has testified before numerous Parliamentary Committees on victims' rights, justice reform and public safety issues and has conducted training for provincial and federal victim services.